Recording Law :: Modem Spy

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Canadian Recording Law

Canadian federal law requires one-party consent for telephone call recording. This means that a person can record a conversation as long as they are participating in the conversation. The person recording the conversation is not required to notify the other person that they are recording the conversation.

There is only one case, that I am aware, that has tested the law. The case is Saccone vs. Orr and the end result was a $500 judgement against the person recording the conversation. However, there are issues surrounding this judgement that support the right to record conversations without notice. First, when the plaintiff realized there was a recording he asked that the recording not be played and the defendant agreed, I beleive. The Defendant then broke the agreement and played the audio recording in a public forum (City Council meeting).

In Canada it is sometimes legal to record somebody's conversation without his consent in case of a crime. In Canada, illegally obtained evidence is never automatically excluded. Rather, if someone's rights have been violated, the evidence shall only be excluded "where it would bring the administration of justice into disrepute" (Canadian Charter of Rights and Freedoms). So each illegally obtained wiretap would be considered individually.

I will be updating this page with additional information. If you are interested, I have been threatened with legal action for recording a couple of conversation. There are ftwo letters from the Ontario College of Pharmacists lawyer and my two responses.
See also:
Table of contents.
Recording Law in UK
Recording Law in USA